Draft SI on the Food Labelling (Declaration of Allergens) (England) Regulations 2009

In 2008 there was a package of changes to allergen labelling legislation that meant that the temporary exemption from the allergen labelling provisions for a number of ingredients derived from the listed allergenic foods, including wine fining agents produced from egg and milk, expired with effect from 31 May 2009. This was enacted in England, and other devolved administrations, by theFood Labelling (Declaration of Allergens) Regulations 2008.

There has been a subsequent legal change by the Commission that further extends from 31 May 2009 until December 2010 the temporary exemptions from the labelling provisions for egg- and milk-based fining agents used in wine.

This means that under current UK legislation we have the anomalous situation where enforcement officers have the powers to take action against products where the use of these wine fining agents has not been labelled but, under the Commission Regulation (EC) No 415/2009, producers are now not required to declare these ingredients on the label.

The Food Labelling (Declaration of Allergens) (England) Regulations 2009 will resolve this anomaly and ensure clarity for food businesses and enforcement bodies.

Key proposal:

• To provide an extension until December 2010 of the temporary exemption from labelling for egg albumin as a fining agent for wine and lysozym (produced from egg) used in wine and for milk (casein) used as a fining agent for wine.

The Food Allergy Branch has kept the relevant stakeholders informed about the progress of this Regulation and earlier this year conducted an informal consultation to seek views when the Regulation was discussed at the European Commission.

Questions asked in this consultation:

1. The Agency is seeking your views on the draft SI and on the revised Guidance on Allergen and Miscellaneous Labelling Provisions.
2. The Agency has been advised that this change in enforcement powers does not have any financial impact. However, we would welcome your views on this issue.

The Agency is interested in your views on these points and, in particular, in the views of the food industry and enforcement officers.

The Agency would also welcome your general feedback on both the consultation package and the overall consultation process. If you would like to help us to improve the quality of future consultations or comment on this consultation, please feel free to share your thoughts with us by using the Consultation Feedback Questionnaire.

• Draft Food Labelling (Declaration of Allergens) (England) Regulations 2009
• Revised Guidance on Allergen and Miscellaneous Labelling Provisions.

Responses are required by close 31 July 2009. Please state in your response whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk